Common use of Tower Operator Indemnity; T-Mobile Collocator Indemnity; Procedure For All Indemnity Claims Clause in Contracts

Tower Operator Indemnity; T-Mobile Collocator Indemnity; Procedure For All Indemnity Claims. (a) Tower Operator Indemnity. (i) Without limiting Tower Operator's other obligations under this Agreement, Tower Operator agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless from, against and in respect of any and all Claims that arise out of or relate to: (A) any default, breach or nonperformance by Tower Operator of its obligations and covenants under this Agreement; (B) Tower Operator's use, operation, maintenance or occupancy of any part of a Site in violation of the terms of this Agreement or any applicable Ground Lease; (C) the acts or omissions of a Tower Operator Indemnitee or any of its engineers, contractors or subcontractors; and (D) all brokers, agents and other intermediaries alleging a commission, fee or other payment to be owing by reason of their respective dealings, negotiations or communications with Tower Operator and its Affiliates agents, employees, engineers, contractors, subcontractors, licensees or invitees in connection with this Agreement; provided, however, that notwithstanding the foregoing, Tower Operator will (x) only be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of Section 32 in the event that the Purchase Option with respect to the applicable Site is not exercised by the Tower Operator in accordance with the applicable MPL and (y) not be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of any term of this Agreement that requires Tower Operator to comply in all respects with any applicable Law (including, for the avoidance of doubt, any applicable Environmental Law) or any Ground Lease if (1) Tower Operator complies with such Law or such Ground Lease, as applicable, in all material respects and (2) no claims, demands, assessments, actions, suits, fines, levies or other penalties have been asserted against or imposed on T-Mobile Collocator by any Governmental Authority as a result of Tower Operator's non-compliance in all respects with such Law or by the applicable Ground Lessor as a result of Tower Operator's non-compliance in all respects with such Ground Lease. (ii) Tower Operator further agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless under any other provision of this Agreement which expressly provides that Tower Operator shall indemnify, defend and hold harmless any T-Mobile Indemnitee with respect to the matters covered in such provision.

Tower Operator Indemnity; T-Mobile Collocator Indemnity; Procedure For All Indemnity Claims. (a) Tower Operator Indemnity. (i) Without limiting Tower Operator's other obligations under this Agreement, Tower Operator agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless from, against and in respect of any and all Claims that arise out of or relate to: (A) any default, breach or nonperformance by Tower Operator of its obligations and covenants under this Agreement; (B) Tower Operator's use, operation, maintenance or occupancy of any part of a Site in violation of the terms of this Agreement or any applicable Ground Lease; (C) the acts or omissions of a Tower Operator Indemnitee or any of its engineers, contractors or subcontractors; (C) Tower Operator's use, operation, maintenance or occupancy of any part of a Non-Assignable Site in violation of the terms of any applicable Ground Lease; and (D) all brokers, agents and other intermediaries alleging a commission, fee or other payment to be owing by reason of their respective dealings, negotiations or communications with Tower Operator and its Affiliates agents, employees, engineers, contractors, subcontractors, licensees or invitees in connection with this Agreement; provided, however, that notwithstanding the foregoing, Tower Operator will (x) only be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of Section 32 in the event that the Purchase Option with respect to the applicable Site is not exercised by the Tower Operator in accordance with the applicable MPL and (y) not be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of any term of this Agreement that requires Tower Operator to comply in all respects with any applicable Law (including, for the avoidance of doubt, any applicable Environmental Law) or any Ground Lease if (1) Tower Operator complies with such Law or such Ground Lease, as applicable, in all material respects and (2) no claims, demands, assessments, actions, suits, fines, levies or other penalties have been asserted against or imposed on T-Mobile Collocator by any Governmental Authority as a result of Tower Operator's non-compliance in all respects with such Law or by the applicable Ground Lessor as a result of Tower Operator's non-compliance in all respects with such Ground Lease. (ii) Tower Operator further agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless under any other provision of this Agreement which expressly provides that Tower Operator shall indemnify, defend and hold harmless any T-Mobile Indemnitee with respect to the matters covered in such provision.

Tower Operator Indemnity; T-Mobile Collocator Indemnity; Procedure For All Indemnity Claims. (a) Tower Operator Indemnity. (i) Without limiting Tower Operator's ’s other obligations under this Agreement, Tower Operator agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless from, against and in respect of any and all Claims that arise out of or relate to: (A) any default, breach or nonperformance by Tower Operator of its obligations and covenants under this Agreement; (B) Tower Operator's use, operation, maintenance or occupancy of any part of a Site in violation of the terms of this Agreement or any applicable Ground Lease; (C) the acts or omissions of a Tower Operator Indemnitee or any of its engineers, contractors or subcontractors; (C) Tower Operator’s use, operation, maintenance or occupancy of any part of a Non-Assignable Site in violation of the terms of any applicable Ground Lease; and (D) all brokers, agents and other intermediaries alleging a commission, fee or other payment to be owing by reason of their respective dealings, negotiations or communications with Tower Operator and its Affiliates agents, employees, engineers, contractors, subcontractors, licensees or invitees in connection with this Agreement; provided, however, that notwithstanding the foregoing, Tower Operator will (x) only be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of Section 32 in the event that the Purchase Option with respect to the applicable Site is not exercised by the Tower Operator in accordance with the applicable MPL and (y) not be obliged to indemnify, defend and hold the T-Mobile Indemnitees harmless from, against and in respect of Claims arising from or relating to any default, breach or nonperformance of any term of this Agreement that requires Tower Operator to comply in all respects with any applicable Law (including, for the avoidance of doubt, any applicable Environmental Law) or any Ground Lease if (1) Tower Operator complies with such Law or such Ground Lease, as applicable, in all material respects and (2) no claims, demands, assessments, actions, suits, fines, levies or other penalties have been asserted against or imposed on T-Mobile Collocator by any Governmental Authority as a result of Tower Operator's ’s non-compliance in all respects with such Law or by the applicable Ground Lessor as a result of Tower Operator's ’s non-compliance in all respects with such Ground Lease. (ii) Tower Operator further agrees to indemnify, defend and hold each T-Mobile Indemnitee harmless under any other provision of this Agreement which expressly provides that Tower Operator shall indemnify, defend and hold harmless any T-Mobile Indemnitee with respect to the matters covered in such provision.